One of three men accused of beating the drug addict Mr Josie Dwyer to death has said he was drunk when he made a statement to gardai admitting his part in the killing.
Mr John Fitzpatrick admitted he signed a statement confessing his part in the attack on Mr Dwyer, but said he had had at least eight pints of beer before going to the Garda station.
He told Dublin Circuit Criminal Court he was at the top of a lane where Mr Dwyer was being attacked by a group of anti-drugs vigilantes, but said he did not see the attack take place.
Mr Hugh Byrne (33), Dolphin House, Mr Mark Cooke (25), Dolphin House and Mr Fitzpatrick (35), Fatima Mansions, all Rialto, deny the manslaughter of Mr Dwyer in Basin Lane, Dublin, on May 14th, 1996. They also deny assault on Mr Alan Byrne. Mr Dwyer was allegedly beaten to death after an anti-drugs meeting in the Dolphin's Barn area of Dublin inner city.
Mr Fitzpatrick told his defence counsel, Mr Brendan Grogan SC, he joined an informal group called Concerned Parents because of the serious drugs problem in the Rialto area and on the night of Mr Dwyer's death he attended a meeting in Dolphin's Barn Community Centre.
Later he went on an anti-drugs patrol with about 20 or 30 people and they came upon Mr Dwyer and Mr Alan Byrne, who was selling drugs to two men. They confronted Mr Byrne, who was very annoyed, and a scuffle broke out. The patrol followed the men to Fatima Mansions.
Mr Byrne continued to shout back at the group, and Mr Fitzpatrick said he intervened when he was attacked by one of the members of the patrol. The patrol followed Mr Byrne and Mr Dwyer to nearby Basin Lane and Mr Fitzpatrick said he stood at the top of the road stopping children from passing.
He was not aware that Mr Dwyer had been killed until he heard it on the radio the next day. He agreed with Mr Grogan that he went to Kilmainham Garda station at 4 a.m. on May 16th, 1996, but could not remember what he told gardai because he was under the influence of alcohol. He also told Mr Grogan he did not carry a lump hammer on the night of the killing and felt no animosity towards Mr Byrne or Mr Dwyer.
He said he had no recollection of being taken in a Garda car to point out the scene of the attack, but remembered being arrested for Mr Dwyer's murder the next day.
Earlier, two witnesses claimed they were with Mr Hugh Byrne while the attack was taking place.
Mr John McGlynn told Mr Hugh Byrne's counsel, Mr Diarmaid McGuinness SC, he had been the accused man's friend for a number of years and frequently called to his flat. On the night of Mr Dwyer's death, he met Mr Hugh Byrne's partner, Ms Caroline Walsh, and waited for him to return home. Mr Byrne returned between 9.30 and 10.30 p.m. and the two men drank beer and played cards for a number of hours.
Cross-examined by prosecution counsel, Mr Tom O'Connell, Mr McGlynn agreed he only made a statement to gardai after Mr Byrne served prosecutors with notice of an alibi two months ago.
Ms Walsh told Mr McGuinness Mr Byrne returned to their flat at about 9.30 p.m. on the night Mr Dwyer was killed.
The trial, entering its 18th day, continues today.